HP Inc., HyperX Division would like to use your User Content. “User Content” refers to your comments, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information that you submit through or to HP/HYPERX, or any content or information you publish through any social media and allow HP/HYPERX to feature, such as your name, social media handle, accompanying text, and any images, videos, or audio from your social media accounts (e.g. Twitter™, Instagram™, Pinterest™) (collectively, “User Content”). HP/HYPERX believes that others will benefit from seeing the User Content on HP/HYPERX’s websites, social media channels, retailers’ websites and other forms of media.
BY AGREEING TO ALLOW HP/HYPERX TO USE YOUR USER CONTENT, YOU ARE INDICATING THAT YOU HAVE READ AND ACCEPT THIS AGREEMENT AND AGREE TO BE LEGALLY BOUND BY ALL OF ITS TERMS. AMONG OTHER THINGS, THIS AGREEMENT PROVIDES KEY INFORMATION ON YOUR LEGAL RIGHTS AND OBLIGATIONS, FUTURE CHANGES TO THE TERMS, AND LIMITATIONS OF LIABILITY. THIS IS A BINDING DOCUMENT.
In this Agreement “You” and “Your” refer to you individually or the entity, if You are acting for an entity, that is submitting the User Content. “Party” may refer to You or HP/HYPERX, and “Parties” refers to both You and HP/HYPERX.
By accepting the terms in this Agreement, you are (1) representing that you are at least 18 years old and have the legal capacity to accept these terms, (2) providing your consent for HP/HYPERX to use your User Content, and (3) affirming that if there are other people’s images shown in the User Content other than yourself, you have permission from an individual who is at least 18 years old and with the legal capacity to agree to such images being used as part of your User Content, and the individual understands it will be shared with HP/HYPERX and has consented to it being shared and used by HP/HYPERX pursuant to the terms of this Agreement.
You agree that the User Content may be shared across social media and elsewhere on the internet including, but not limited to third-party internet sites, emails, advertisements and the social media accounts of our partners, retailers, and vendors.
You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that: (1) you are the creator or own or control all right in and to the User Content or otherwise have required rights and authority to grant the rights granted herein; (2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) defame any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or game content or any confidential information of HP/HYPERX or third parties. You are solely responsible for the User Content you submit.
IT IS IMPORTANT TO REMEMBER THAT USER CONTENT SUBMITTED BY YOU MAY BE RECORDED AND STORED IN MULTIPLE PLACES, BOTH ON HP/HYPERX’S WEBSITE AND ELSEWHERE ON THE INTERNET AND ARE LIKELY TO BE ACCESSIBLE (I.E. VIEWABLE) FOR A LONG TIME. Your information may be available publicly, and you have no control over who will eventually see such materials. Be careful and selective about the personal information that you disclose about yourself and others and do not disclose sensitive, proprietary, or confidential information. Should you disclose information that is sensitive, proprietary, or confidential, you do so at your own risk and HP/HYPERX is not responsible for any consequences of such disclosure.
For any User Content you submit, you grant to HP/HYPERX a non-exclusive, sub-licensable, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send to HP/HYPERX any User Content that you do not wish to license to HP/HYPERX, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to HP/HYPERX the right to include the name provided along with the User Content submitted by you; provided, however, HP/HYPERX shall have no obligation to include such name with such User Content. Any User Content You voluntarily submit will be treated as non-proprietary and non-confidential. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, including but not limited to permission from or on behalf of any individuals that appear in the User Content to use, and grant to third parties the right to use, their name, image, voice and/or likeness without compensation to you or any other person or entity.
You agree and accept that HP/HYPERX has no obligations to compensate you or give you credit for its use of your User Content as described in this Agreement and your permission for HP/HYPERX to use your User Content is not contingent upon such credit or compensation being given to you.
Be aware that HP/HYPERX has no control over User Content once it is republished or exported elsewhere, and it is possible that others may duplicate material submitted, including, but not limited to, on other sites on the Internet, including on any social media sites, so please exercise discretion in deciding what User Content to submit to HP/HYPERX.
You hereby waive any right you may have to inspect or approve the finished materials or any part or element thereof that incorporates Your Likeness.
AGREEMENT TO CONTRACT ELECTRONICALLY
To share User Content with HP/HYPERX, You will need to electronically agree by replying to the request from HP/HYPERX in the format indicated by HP/HYPERX. For instance, HP/HYPERX may ask you to reply with a hashtag such as “#HyperXFamily”. Upon accepting the request from HP/HYPERX, You are also agreeing to all of the terms in this Agreement and any incorporated documents, and You are entering into a binding contract with HP/HYPERX. You agree that any communication from HP/HYPERX to You electronically satisfies any legal requirement to have such communications be in writing.
THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY HP/HYPERX HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
UPDATES AND MODIFICATIONS
HP/HYPERX may modify, update, or otherwise amend any of the terms of the Agreement at any time without notice, in its sole discretion, by posting the amended terms on the HP/HYPERX website at hyperx.gg/. Unless otherwise stated by HP/HYPERX, any such amendments become effective immediately after posting. Any amended terms shall apply to HP/HYPERX’s use of the User Content. If you ask HP/HYPERX to stop using or to modify your User Content, HP/HYPERX will use commercially reasonable efforts to do so but HP/HYPERX has no control over how others may continue to use your User Content.
If you wish to remove User Content that you have submitted via a social media account, please send an email to contact: Socialmoderation@hp.com
By agreeing to allow HP/HYPERX to use the User Content, you acknowledge and agree that, unless explicitly stated by HP/HYPERX, you are not given any rights or permission to use HP/HYPERX trademarks and logos, visual interfaces, graphics, design, compilation, information, software, text, pictures, information, data, files, and the selection and arrangement thereof of the User Content (collectively, the “Materials”) as these Materials are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of HP/HYPERX and/or third-party licensors.
RESPECTING COPYRIGHTS AND TRADEMARKS
HP/HYPERX respects the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are the copyright owner or agent thereof and believe that content used by HP/HYPERX infringes upon your copyright, please see our procedures for claims of infringement: https://www8.hp.com/us/en/infringement.html, which include information about HP/HYPERX’s DMCA Takedown Policy, what to include in your notice of infringement claim, and where to submit your notice.
Please note that Instagram ™, Twitter ™, and other similar social media forums are registered trademarks of their respective companies and not affiliated with HP/HYPERX. Any submission via these or other similar social media sites is subject to all rules and regulations of such sites. If you choose to submit your photo via mobile phone, standard data rates may apply.
Enforcement OF Rights, Preventing Fraud, and Putting Safety First
Your User Content is in the public domain. HP/HYPERX may share or disclose data to protect other users and enforce contracts or policies, in order to comply with a request of a judicial or administrative authority, law enforcement or a government agency, or otherwise in connection with any content/abuse investigation and preventing fraud.
To the fullest extent permitted by applicable law, HP/HYPERX reserves the right, without notice and in our sole discretion, to terminate the Agreement in its entirety at any time without any liability. All terms in this Agreement that by their nature would survive termination of this Agreement, including but not limited to those terms related to limits on HP/HYPERX’s liability.
To the fullest extent permitted by applicable law, You agree to indemnify HP/HYPERX for all claims arising from or in connection with any claims to any rights in any User Content or any damages arising from any User Content. You further agree to indemnify and hold HP/HYPERX, its clients, officers, directors, and employees (collectively the “Releases”) harmless from any and all claims by any third party against any of the Releases (and related damages, expenses, costs, including reasonable attorney’s fees, liabilities, verdicts, judgments and settlements) arising out of use the User Content or any breach of your representations herein, including but not limited to claims of infringement or violation of trademark, copyright, or other intellectual property rights, rights of publicity, or rights of privacy. Upon submission of the User Content, you hereby release HP/HYPERX and Releases from, and irrevocably waive, any and all claims that our use of your User Content with or without your name, including but not limited to use on various web sites, infringes or violates your rights in your User Content or any work or material contained in your User Content.
DISCLAIMERS; NO WARRANTIES; LIMITATION OF LIABILITY
To the extent permitted by applicable law, HP/HYPERX takes no responsibility, assumes no liability of any kind for any User Content or for any loss or damage resulting therefrom, and is not liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter related to the use of your User Content. Your agreement to allow HP/HYPERX to use your User Content is at your own risk. HP/HYPERX is not liable for any statements or representations included in User Content. HP/HYPERX does not endorse any User Content, opinion, recommendation, or advice expressed therein, and HP/HYPERX expressly disclaims any and all liability in connection with User Content.
Without limiting the foregoing, HP/HYPERX disclaims all Warranties OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
DISPUTES; APPLICABLE LAW AND VENUE
PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH HP/HYPERX AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM HP/HYPERX.
You and HP/HYPERX agree to arbitrate any dispute arising from the Agreement, except that you and HP/HYPERX are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and HP/HYPERX agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises.
Notice to HP/HYPERX shall be sent to: HP General Counsel, Global Legal Affairs, 1501 Page Mill Road, Palo Alto, California 94304
You and HP/HYPERX further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Santa Clara County, California; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS. Any dispute between the parties will be governed by this Agreement and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and HP/HYPERX will not commence against the other a class action, class arbitration, or other representative action or proceeding.
If you are a resident in any jurisdiction in which the provision in the section above is found to be unenforceable, then any disputes, claims, or causes of action arising out of or in connection with the Agreement will be governed by and construed under the laws of your jurisdiction of residence, and shall be resolved by competent civil courts within your jurisdiction of residence.
NO WAIVER; NO ASSIGNMENT; INTERPRETATION
If HP/HYPERX fails to exercise or enforce any right or provision of the Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision of the Agreement will be effective only if in writing and signed by an authorized representative of HP/HYPERX. If any provision of the Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. You may not assign this Agreement by operation of law or otherwise; HP/HYPERX may assign this Agreement. The section titles in this Agreement are for convenience only and have no legal effect. This Agreement will be interpreted without application of any strict construction in favor of You or against HP/HYPERX.